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U. MUT. v. INHABITANTS OF TOWN OF TOPSHAM

441 A.2d 1012 (1982)

UNION MUTUAL FIRE INSURANCE CO. v. INHABITANTS OF the TOWN OF TOPSHAM et al.

Supreme Judicial Court of Maine.

Reargued November 10, 1981.

Decided February 25, 1982.

Attorney(s) appearing for the Case

Berman, Simmons, Laskoff & Goldberg, John E. Sedgewick (orally), Lewiston, for plaintiff.

Richardson, Tyler & Troubh, David O'Brien (orally), Portland, for Town of Topsham.

Pierce, Atwood, Scribner, Allen, Smith & Lancaster, Charles S. Einsiedler, Jr. (orally), Portland, for Me. Central Railroad.

Before GODFREY, NICHOLS, ROBERTS, CARTER and VIOLETTE, JJ.

GODFREY, Justice.

Union Mutual Fire Insurance Co. appeals from an order of the Superior Court denying its motions for summary judgment and granting the Town of Topsham's motion for summary judgment on the issue of the insurance company's duty to defend the town in a tort action. The insurance company also appeals from a related order of the Superior Court awarding the town the attorneys' fees it expended in defending both the tort action and the insurance company...

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